The Court held that Earth removal involving mineral extraction cannot proceed without competent authority permission. It froze the proceedings until the First Respondent decides the petitioners' application within one month.
Petitioners at liberty to approach competent authority; authority to decide application within one month. Writ petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933
WP(C).No. 7963 of 2011(U)
PETITIONER(S):
BY ADV. SRI.JOBI JOSE KONDODY
RESPONDENT(S):
GOVERNMENT PLEADER SRI. P. NARAYANAN FOR R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7963 of 2011(U)
2
EXHIBITS
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
Sd/- P.R.RAMACHANDRA MENON, JUDGEMENT
//True Copy//
P.A TO JUDGE
P.R.RAMACHANDRA MENON, J
W.P.(C) No.7963 OF 2011
Dated this the 1st day of April 2011
JUDGMENT
The petitioners have approached this Court with the following
prayers:
learned counsel for the petitioners is that the removal of the ordinary
earth from the property in question is necessitated only to enable the petitioners to effect the construction of a residential building therein, on
W.P.(C) No.7963/2011
the strength of Ext.P2 building permit and Ext.P3 approved plan. The prayer is however opposed from the part of the respondents by filing a counter affidavit on behalf of the 3rd respondent pointing out that the digging of the land in question involves extraction of major minerals including 'Bauxite' and the bonafides of the petitioners is also doubted; however, pointing out that if the petitioners are having any genuine grievance, it is open for the petitioners to approach the 1st respondent who is the competent authority to grant permission to remove the earth containing the minerals such as 'Bauxite'.
W.P.(C) No.7963/2011
The petitioners shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps.
Writ Petition is disposed of.
vdv
P.R.RAMACHANDRA MENON, JUDGE
2 issues framed by the court
Whether the petitioners can be directed to remove earth containing minerals without permission from the competent authority.
Whether the petitioners are at liberty to approach the competent authority for necessary permissions.
N.Raghavan Pillai
Smt. Sarala Devi
State of Kerala
The Tahsildar, Kunnatur Taluk Office
The Geologist, Mining & Geology District Office
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
